THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Chicago and North Western Railway Company that:
EMPLOYES' STATEMENT OF FACTS: On or about August 2, 1962, Carrier assigned employes not covered by the Signalmen's Agreement to replace eight oil lighted switch lamps with electric lighted switch lamps on the Janesville, Wisconsin signal maintenance territory. We contend that the installation and maintenance of electric switch lamps is signal work covered by the Scope of the Signalmen's Agreement, and that Claimants should be compensated for the amount of time the other employes were paid to perform that work.
The claim was initiated on August 21, 1962, by the Local Chairman, subsequently handled in the usual and proper manner on the property, up to and including the highest officer of the Carrier designated to handle such disputes, without receiving a satisfactory settlement. The correspondence that constitutes the handling of this claim on the property is Brotherhood's Exhibit Nos. 1 through 7, inclusive.
There is an agreement in effect between the parties to this dispute, bearing an effective date of June 1, 1951, as amended, which is by reference thereto made a part of the record in this dispute.
CARRIER'S STATEMENT OF FACTS: Prior to August 2, 1962 the C&NW had in operation in and around Caledonia, Illinois a number of kerosene lighted switch lamps. From information now available to the Carrier, these switch lamps were originally installed by, and had at all times been maintained by Track Department employes employed by the Carrier.
On August 2, 1962 Track Department employes of the Carrier replaced eight of these kerosene lighted switch lamps with battery operated switch lamps.
Claim has been presented in this case that the agreement between this Carrier and the Brotherhood of Railroad Signalmen was violated when the installation and maintenance of these switch lamps was assigned to employes not covered by the Signalmen's Agreement, in other words to maintenance of way employes. Claim has been denied.
OPINION OF BOARD: On or about August 2, 1962, Carrier assigned employes not covered by the Signalmen's Agreement to replace oil lighted switches with electric lighted switch lamps in and around Caledonia, Illinois. There is no dispute that for a number of years prior to August 2, 1962, these switch lamps were installed and maintained by Maintenance of Way employes. Caledonia is on the "Caledonia Line," a line extending from Harvard, Illinois to Evansville, Wisconsin, through Beloit, Wisconsin, and used as an alternate route for trains operating on the main line from Chicago through Janesville to Madison, Wisconsin.
The Organization contends that the installation and maintenance of electric switch lamps is signal work covered by the Scope Rule of the Signalmen's Agreement, and that Claimants should be compensated for the amount of time the other employes were paid to perform that work.
We need to look at only Section 1 (m) 3. of the Scope Rule to resolve this claim. Section 1 (m) 3. reads.
From a review of the record it is clear that the "Caledonia Line" is a main line and that these switch lamps have been assigned to Maintenance of Way employes for years. They were so assigned on the effective date of the 1961 Agreement. We believe the phrase; " . . and yard or main line switch lights that are assigned to other classes." gives us sound reason to deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;